| DARRYL GAITER AND HELEN GAITER V CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39 |
| Motion No: CA 13-00767 |
| Slip Opinion No: 2014 NY Slip Op 67534(U) |
| Decided on March 25, 2014 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00767
| DARRYL GAITER AND HELEN GAITER, PLAINTIFFS-RESPONDENTS,
V CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39,
DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 4, 2013,
Now, upon reading and filing the affirmation and the statement of David M. Lee, Esq., dated March 13, 2014, and March 21, 2014, the notice of motion with proof of service thereof, and the affirmation of Eric B. Grossman, Esq., dated March 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellants perfect the appeal on or before May 28, 2014.
Entered: March 25, 2014
Frances E. Cafarell, Clerk